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Notice of Breach of Warranty of Fitness for a Particular Purpose

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US-01519BG
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Description Breach Particular File

The Uniform Commercial Code (UCC) is a model statute covering things such as the sale of goods, bank transactions, warranties, loans secured by personal property and certain other commercial matters. All states have adopted and adapted the entire UCC, with the exception of Louisiana, which only adopted parts of it. Uniform Commercial Code ?§ 2-315 provides that where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified an implied warranty that the goods shall be fit for such purpose.


Where a tender has been accepted, the buyer must within a reasonable time after he or she discovers or should have discovered any breach, notify the seller of breach or be barred from any remedy. The giving of the notice is a condition precedent to a claim or suit for breach of the sales contract. UCC ?§ 2-607(3)(a) was amended in 2003 to provide that failure to give timely notice of breach in the case of accepted goods bars a remedy only to the extent that the seller is prejudiced by the untimely notice.

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Warranty Fitness Application Other Form Names

Breach Warranty For   Notice Breach   Breach Of Warranty Of Fitness   Breach Particular Sample   Notice Warranty For   Breach Particular   Warranty Purpose  

Warranty Fitness Purpose FAQ

There are two types of implied warranty : The implied warranty of merchantability. The implied warranty of fitness for a particular purpose.

Under the implied category are three major subtypes: the implied warranty of merchantability (only given by merchants), the implied warranty of fitness for a particular purpose, and the implied warranty of title.

However, when it comes to disclaiming implied warranties, state law (in most states) simplifies things by providing that a dealer can disclaim the implied warranties of merchantability and fitness for a particular purpose by using the words "as is," "with all faults," or other language that, in common understanding,

An implied warranty of fitness for a particular purpose occurs if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer. The seller then guarantees that the item is fit for that particular purpose.

Implied warranties are created by state law, and all states have them. Almost every purchase you make is covered by an implied warranty. The most common type of implied warrantya "warranty of merchantability," means that the seller promises that the product will do what it is supposed to do.

Types of Warranty. 1) Implied Warranty. a) Warranty of Merchantability. b) Warranty of Fitness For A Particular Purpose. c) Warranty of Title. 2) Extended Warranty. Guaranteed Ability To Repair. More Comprehensive Coverage. Peace of Mind. Savings. Increased Resale Value.

An implied warranty is a lot like an assumption. For example, when you buy a new car from a car dealer, the implied warranty is that the car works. When you order a hamburger at a restaurant, it comes with the implied warranty that it is edible.

A breach of warranty does not entitle the buyer to reject the goods and his only remedy would be those provided in s. 59 namely, to set up against the seller the breach of warranty in diminution or extinction of the price or to sue the seller for damages for breach of warranty.

The implied warranty of fitness for a particular purpose refers to a warranty that is implied when the buyer informs the seller that he is purchasing a product for a specific purpose or when the seller has otherwise been made aware that the buyer has a specific reason for buying the product.

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Notice of Breach of Warranty of Fitness for a Particular Purpose